European Court of Justice: opinion on penalizing airport noise

In his opinion delivered on Feb. 17, 2011, Advocate General Pedro Cruz Villalon expressed his view that EU rules on maximum noise levels and operating restrictions do not prevent member states from imposing their own penalties if airlines make too much noise, as measured on the ground. He saw his challenge in finding a delicate balance between air transport, the movement of goods and people and the economic policies of each Member State on the one hand and the protection of the environment and of people’s health on the other. The Advocate General also pointed out that the European Court of Human Rights has found noise pollution forms part of the environment and that EU states can take protective measures against it.